Ilayaraja, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9999 of 2017 and Crl.M.P.(MD) Nos.6845 and 6846 of 2017 1.Ilayaraja 2.Jayalakshmi ... Petitioners / Accused Nos.1 & 2 -Vs1. The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy.
... 1st Respondent / Complainant
2. Muruganantham @ Ananth ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to dispense with the personal appearance of the petitioners herein in C.C.No.335 of 2016 on the file of the learned Judicial Magistrate No.VI, Trichy.
For Petitioners : Mrs.J.Madhu For Respondent No.1 :
Mr.K.Anbarasan, Government Advocate(Crl.side) ***
O R D E R
This petition is filed to quash the charge sheet in C.C.No.335 of 2016 on the file of the Judicial Magistrate No.VI, Trichy.
2. The learned counsel for the petitioners submitted that there was some dispute between the petitioners/Accused No.1 and 2 and the defacto complainant namely, the second respondent Muruganantham @ Ananth. It is further stated that due to the pendency of the Civil dispute, the second petitioner on earlier occasion has given a complaint on 14.08.2014 against the defacto complainant which was registered in Crime No.449/2014. Since the petitioners have given a complaint for similar offences, it is https://hcservices.ecourts.gov.in/hcservices/
stated that the defacto complainant also has given a false complaint. The learned counsel for the petitioners relied the charge sheet and submitted that the statement obtained from one of the witnesses would clearly show that the contents of complaint as well as the charge sheet cannot be true.
3. It is the further submission that the name of one Ratha krishnan and Gopi was not mentioned in the complaint or in the charge sheet. Therefore, it is suggested that the criminal Case has been falsely given.
4. This Court cannot quash the charge sheet on the ground of probabilities or on the basis of the version of the accused.
5. From the facts narrated there is some dispute between the petitioners and the defacto complainant in relation to the land. The suit in O.S.No.270 of 2015 on the file of the II Additional Subordinate Judge, Trichy is pending. The complaint as well as the charge sheet disclose the offence alleged against the petitioners. Merely because there are some discrepancy in the statement obtained from the witnesses and there are dispute on factual issues, this court cannot entertain the petition to quash the criminal case. Hence this Criminal Original Petition is dismissed. However, the appearance of the parties is dispensed with unless or otherwise their presence is specifically required by order of the Court.
Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:
1. The learned Judicial Magistrate No.VI, Trichy.
2. The Inspector of Police, Thiruverumbur Police Station, Thiruverumbur, Trichy.
+1 CC to M/s.J.MADHU, Advocate, SR No. 71237. VSG/RMK PSM/GT/SAR1/29.08.2017/2P/4C Crl.O.P.(MD) No.9999 of 2017 and Crl.M.P.(MD) Nos.6845 and 6846 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 08.08.2017